Maxson Const. Co., Inc. v. Welch
| Decision Date | 16 October 1998 |
| Docket Number | No. 97-05209,97-05209 |
| Citation | 720 So.2d 588 |
| Parties | 23 Fla. L. Weekly D2324 MAXSON CONSTRUCTION COMPANY, INC., a corporation, Appellant, v. Frank A. WELCH and Connie Welch, husband and wife, Appellees. |
| Court | Florida District Court of Appeals |
Bonita Kneeland Brown of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Appellant.
Bill McCabe, Longwood, and John B. Cechman, Ft. Myers, for Appellees.
Maxson Construction Company appeals an order entered pursuant to a jury verdict finding that Frank Welch was not an employee of AMA Staff Leasing in this tort action for work-related injuries by Welch against Maxson. We have jurisdiction, Fla. R.App. P. 9.130(3)(C)(vi), and reverse.
Maxson and AMA, an employee leasing company, entered into a contract pursuant to which Maxson paid AMA a fee to take care of its payroll and provide benefits, including worker's compensation coverage, for Maxson's employees. When Maxson hired Welch, it had him sign documents which declared him to be an employee of AMA. Welch was injured while working on a Maxson project and received worker's compensation benefits through AMA. The benefits were provided pursuant to an order entered by a judge of compensation claims approving a stipulation for a lump-sum settlement of $85,000 between Welch, AMA, and AMA's worker's compensation carrier. The order approving the settlement lists Welch as the employee and AMA as the employer. The order states that AMA and its carrier are fully and forever discharged from liability under the worker's compensation law upon payment of the stipulated amount of benefits.
Welch then brought this action in tort against Maxson alleging that it was his employer and that he could bring this action against Maxson pursuant to section 440.11, Florida Statutes (1995), because it did not provide worker's compensation benefits for him.
Maxson filed an answer and affirmative defenses asserting that Welch's action was barred by the immunity provisions of the worker's compensation law, § 440.11(2). Maxson then filed two motions for summary judgment asserting that there was no genuine issue of material fact that it was immune from suit. Both motions were denied and, pursuant to a motion by Maxson requesting that the issue of worker's compensation immunity be tried separately and first, the case went to trial on that issue. The jury returned a verdict finding that Welch was not an employee of AMA. The trial court entered an order consistent with the verdict which declared that the worker's compensation immunity issue had been resolved in favor of Welch.
The trial court erred in denying Maxson's motions for summary judgment. The issue of who Welch's employer was should not have gone to a jury because Welch received worker's compensation benefits pursuant to a stipulation which listed...
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